Ark. Code Ann. § 8-3-203

This is the official text of Ark. Code Ann. § 8-3-203, part of Arkansas’s Code Ann — part of the compiled statutory law of Arkansas, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.

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State plan preferred - State plan dependent on federal emission guidelines

Official statutory text

(a) (1) This subchapter does not require the Division of Environmental Quality to develop a state plan to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) . (2) However, submission of a state plan is the preferred method of compliance with federal emission guidelines. (b) (1) Notwithstanding approval by the Legislative Council of submission of a state plan to the United States Environmental Protection Agency or submission by the Governor of a state plan under § 8-3-207 , further action by a state agency to implement or enforce a final, approved state plan is dependent upon the final adoption of the federal emission guidelines. (2) If the federal emission guidelines are not adopted or are adopted and subsequently suspended or held to be contrary to law, a state agency shall suspend or terminate, as appropriate, further action to implement or enforce the state plan. Amended by Act 2019, No. 910,§ 2455, eff. 7/1/2019. Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.

(a) (1) This subchapter does not require the Division of Environmental Quality to develop a state plan to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) . (2) However, submission of a state plan is the preferred method of compliance with federal emission guidelines.

(1) This subchapter does not require the Division of Environmental Quality to develop a state plan to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) .

(2) However, submission of a state plan is the preferred method of compliance with federal emission guidelines.

(b) (1) Notwithstanding approval by the Legislative Council of submission of a state plan to the United States Environmental Protection Agency or submission by the Governor of a state plan under § 8-3-207 , further action by a state agency to implement or enforce a final, approved state plan is dependent upon the final adoption of the federal emission guidelines. (2) If the federal emission guidelines are not adopted or are adopted and subsequently suspended or held to be contrary to law, a state agency shall suspend or terminate, as appropriate, further action to implement or enforce the state plan.

(1) Notwithstanding approval by the Legislative Council of submission of a state plan to the United States Environmental Protection Agency or submission by the Governor of a state plan under § 8-3-207 , further action by a state agency to implement or enforce a final, approved state plan is dependent upon the final adoption of the federal emission guidelines.

(2) If the federal emission guidelines are not adopted or are adopted and subsequently suspended or held to be contrary to law, a state agency shall suspend or terminate, as appropriate, further action to implement or enforce the state plan.

Amended by Act 2019, No. 910,§ 2455, eff. 7/1/2019.

Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.

Status: in_force

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